Tagrobe and gavel

Robe & Gavel: Federal Judicial Vacancy Count released for March 1

Welcome to the March 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

We’re starting our March SCOTUS sitting with a bang as we dive into the new federal judicial vacancy count. Let’s gavel in!

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.


We #SCOTUS and you can, too!


Grants

SCOTUS accepted two new cases since the Feb. 27 edition. To date, the court has agreed to hear 62 cases for the 2022-2023 term. SCOTUS dismissed one case after it was accepted. Three cases have yet to be scheduled for arguments.

Click the links below to learn more about these cases:

Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited concerns the appropriations clause in Article I, Section 9 of the Constitution. The case originated from the U.S. Court of Appeals for the Fifth Circuit.

Pulsifer v. United States concerns 18 U.S.C. § 3553(f)(1) and the First Step Act of 2018. The case originated from the U.S. Court of Appeals for the 8th Circuit.


Arguments

The Supreme Court will not hear arguments in any cases this week. Click here to read more about SCOTUS’ current term.


Opinions

SCOTUS issued two new opinions since our Feb. 27 edition. The court has issued rulings in seven cases so far this term. Fifty-five cases are still under deliberation.

Click the links below to read more about the specific cases SCOTUS ruled on since our Feb. 27 issue:

Feb. 28, 2023

Delaware v. Pennsylvania and Wisconsin was argued before the court on Oct. 3, 2022.

The case: Several states sued Delaware in U.S. District Court, disputing Delaware’s acquisition of unclaimed funds from MoneyGram official checks. Delaware moved for the U.S. Supreme Court to review the cases as part of its original jurisdiction.


The outcome: The court remanded the decision to the Special Master in a 9-0 ruling.

  • To remand means to return a case or claim to a lower court for additional proceedings.

Bittner v. United States was argued before the court on Nov. 2, 2022.

The case: The case concerns the Bank Secrecy Act. The question presented is “Whether a ‘violation’ under the Act is the failure to file an annual FBAR [Foreign Bank and Financial Accounts form] (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.”

The outcome: The court reversed and remanded the decision of the U.S. Court of Appeals for the 5th Circuit in a 5-4 ruling.

  • To reverse a case means to overturn a lower court’s decision.

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • March 17, 2023: SCOTUS will conference. A conference is a private meeting of the justices.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Feb. 2 to March 1.  


Highlights

  • Vacancies: There have been four new judicial vacancies since the February 2023 report. There are 80 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 82 of 890 active federal judicial positions are vacant.  
  • Nominations: There were three new nominations since the February 2023 report. 
  • Confirmations: There were 12 new confirmations since the February 2023 report.

Vacancy count for March 1, 2023

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.


New vacancies

Four judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from President Joe Biden’s (D) inauguration to the date indicated on the chart.


U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of March 1, 2023.


New nominations

There were no new nominations since our Feb. 27 issue.


The president has announced 154 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.


New confirmations

The Senate has confirmed six nominees since our Feb. 27 issue. As of March 1, the Senate has confirmed 109 of President Biden’s judicial nominees. 

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have made an average of 93.7 judicial appointments through March 1 of their third year in office.
  • President Bill Clinton (D) made the most appointments through March 1 of his third year with 128. President Barack Obama (D) made the fewest with 69.
  • President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
  • President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
  • President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.


Looking ahead

We’ll be back on March 20 with a new edition of Robe & Gavel. Until then, gaveling out! 


Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post.



Robe & Gavel: Federal Judicial Vacancy Count released for February

Welcome to the February 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Federal judicial vacancy counts are in, dear readers. We have a lot to catch up on, so grab a nice cup of coffee, and let’s gavel in!

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

Help shape our future content by taking our reader survey.


We #SCOTUS and you can, too!

Grants

SCOTUS has not accepted any new cases to its merits docket since our Jan. 17 edition.


Arguments

The Supreme Court will not hear arguments in any cases this week. Click here to read more about SCOTUS’ current term.


Opinions

SCOTUS has ruled on two cases since our Jan. 17 edition. The court has issued rulings in two cases so far this term. 

Click the links below to read more about the specific cases SCOTUS ruled on since Jan. 17:

Jan. 23, 2023

In re Grand Jury was argued before the court on Jan. 9, 2023.

The case: In Re Grand Jury concerned protected documents related to grand jury subpoenas.

The outcome: The court dismissed the case.

Arellano v. McDonough was argued before the court on Oct. 4, 2022.

The case: Under 38 U.S.C. § 5110, disability benefits can be awarded retroactively to the date of discharge if a veteran applies within one year of that date. Service-disabled veteran Adolfo Arellano was discharged from the U.S. Navy in October 1981. Approximately 30 years later, he applied for disability compensation benefits. Arellano challenged the effective date of his benefits, arguing the one-year deadline should have been tolled, or paused, because his disability prevented him from applying for benefits earlier. The Board of Veterans’ Appeals rejected the argument. Arellano appealed his case until it reached the U.S. Court of Appeals for the Federal Circuit. This court held in a 6-6 opinion that Arellano’s effective date was the date his application was received (June 2011), not retroactive to his date of discharge (October 1981). 

The outcome: The court affirmed the decision of the United States Court of Appeals for Veterans Claims, holding that equitable tolling does not apply to §5110(b)(1).

  • As presented by the Federal Circuit, the “equitable-tolling doctrine, as traditionally understood, ‘permits a court to pause a statutory time limit “when a litigant has pursued his rights diligently but some extraordinary circumstance prevents him from bringing a timely action.

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Feb. 17, 2023: SCOTUS will conference. A conference is a private meeting of the justices.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Jan. 1, 2023, to Feb 1, 2023. 

Highlights

  • Vacancies: There have been two new judicial vacancies since the January 2023 report. There are 87 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 89 of 890 active federal judicial positions are vacant.  
  • Nominations: There were four new nominations since the January 2023 report. 
  • Confirmations: There were no new confirmations since the January 2023 report.

Vacancy count for January 1, 2023

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are called district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Three judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from President Joe Biden’s (D) inauguration to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of February 1, 2023.

New nominations

President Biden announced four new nominations since the Jan. 17 report:


The president has announced 152 Article III judicial nominations since taking office on January 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

There were no new confirmations since the Jan. 17 report:

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have made an average of 90 judicial appointments through Feb. 1 of their third year in office. 
  • President Bill Clinton (D) made the most, 128, while President Barack Obama (D) appointed the fewest with 62. 
  • President Clinton’s 128 appointments are the most through a second year. President Obama made the fewest with 62.
  • President Donald Trump’s (D) 234 appointments are the most through four years. President Ronald Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Feb 21 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Samantha Post.



Robe & Gavel: SCOTUS begins second week of January sitting

Welcome to the Jan 17 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

“Everybody can be great, because anybody can serve.”

-Dr. Martin Luther King Jr.

It’s the second week of SCOTUS’s January sitting, dear reader, and we have a lot to cover. So take a seat and let’s gavel in!

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS has not accepted any new cases to its merits docket since our Jan. 9 edition.

Arguments

The Supreme Court will hear arguments in three cases this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases:

Jan. 17, 2023

  • Santos-Zacaria v. Garland concerns immigration law and whether a court of appeals can review an immigrant’s petition that the Board of Immigration Appeals participated in impermissible fact finding because the immigrant did not claim this in a motion of reconsideration.
    • The questions presented:  “(1) Whether Section 1252(d)(1)’s exhaustion requirement is jurisdictional, or merely a mandatory claims processing rule that may be waived or forfeited. (2) Whether, to satisfy Section 1252(d)(1)’s exhaustion requirement, a noncitizen who challenges a new error introduced by the Board of Immigration Appeals (BIA) must first ask the agency to exercise its discretion to reopen or reconsider.”
  • Turkiye Halk Bankasi A.S. v. United States concerns whether United States district courts have the right to criminally prosecute foreign states and their instrumentalities.
    • The questions presented: “Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611.”

Jan. 18, 2023

  • Perez v. Sturgis Public Schools concerns the Individuals with Disabilities Education Act (IDEA) and whether petitioners are required to exhaust the IDEA’s administrative proceedings even when the proceedings would be futile.
    • The questions presented: “(1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile. (2) Whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.”

Opinions

SCOTUS has not issued any opinions in cases argued on the merits since our previous edition. 

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Jan. 17, 2023: SCOTUS will hear arguments in two cases.
  • Jan. 18, 2023: SCOTUS will hear arguments in one case.
  • Jan. 20, 2023: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.

Federal court action

Nominations

There have been no new nominations since our Jan. 9 edition.

Since taking office in January 2021, President Joe Biden has nominated 148 individuals to Article III positions. For more information on the president’s judicial nominees, click here.

Confirmations

The U.S. Senate has confirmed no new nominees since our previous edition.

As of Jan. 1, 2023, the Senate had confirmed 97 of President Biden’s judicial nominees—68 district court judges, 28 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 90 judges through Jan. 1 of their third year in office.
  • President Bill Clinton (D) made the most appointments through Jan. 1 of his third year with 128. President Barack Obama (D) made the fewest with 62.
  • President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
  • President Bill Clinton (D) made the most appointments in two years with 128. President Barack Obama (D) made the fewest with 62.
  • President Donald Trump (R) made the most appointments in four years with 234. President Reagan made the fewest through four years with 166.

Vacancies

The federal judiciary currently has 87 vacancies, 85 of which are for lifetime Article III judgeships. As of publication, there were 23 pending nominations.

According to the Administrative Office of U.S. Courts, there were 26 upcoming vacancies, where judges have announced their intention to leave active status.

For more information on judicial vacancies during President Biden’s term, click here.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on our list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Feb. 6, 2023, with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.



Robe & Gavel: Federal Judicial Vacancy Count released for Jan. 1

Welcome to the Jan. 9 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

New year, new court business! Dear readers, we have federal judicial activity from President Joe Biden’s (D) second year in office, with some SCOTUS on the side. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted five new cases to its merits docket.

To date, the court has agreed to hear 51 cases during its 2022-2023 term

Arguments

The Supreme Court will hear arguments in five cases this week. 

Jan. 9

Jan. 10

Jan. 11

The court’s January argument sitting will conclude on Jan. 18. The February argument sitting is scheduled to begin on Feb. 21. 

Twelve cases have yet to be scheduled for arguments.

Opinions

SCOTUS has not issued any opinions in cases argued on the merits since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Jan. 1 report covers nominations, confirmations, and vacancies from Dec. 2, 2022, through Jan. 1, 2023. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There was one new judicial vacancy. There were 83 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 85 of 890 active federal judicial positions were vacant.  
  • Nominations: There were six new nominations. 
  • Confirmations: There were 10 new confirmations.

Vacancy count for Jan. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Four judges left active status, and one judicial position was established, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Jan. 1, 2023.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Jan. 1, 2023.

New nominations

President Joe Biden (D) announced six new nominations since our previous report. 

Since taking office in January 2021, Biden has nominated 148 individuals to Article III positions. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed 10 new nominees since our previous edition:

As of Jan. 1, 2023, the Senate had confirmed 97 of President Biden’s judicial nominees—68 district court judges, 28 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)
  • Presidents have appointed an average of 90 judges through Jan. 1 of their third year in office.
  • President Bill Clinton (D) made the most appointments through Jan. 1 of his third year with 128. President Barack Obama (D) made the fewest with 62.
  • President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
  • President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Jan. 17, 2023, with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Myj Saintyl and Sam Post.

Editor’s note

Dearest readers, I pause to thank you for your time and attention. It has been an honor to compile this newsletter for you. While this may be my final edition writing Robe & Gavel, I put my quill down grateful in the knowledge that it shall continue to hum along, bringing you all the latest on the federal courts. I appreciate you.

Warmest wishes to you and yours, 

Kate



Robe & Gavel: Federal Judicial Vacancy Count released for Dec. 1

Welcome to the Dec. 12 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Dear readers, we have come to Day 12 of Month 12 of 2022, and my stars, what a year it has been! We are closing in on the end of the year but by no means the end of SCOTUS term or federal courts activity. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted no new cases to its merits docket.

To date, the court has agreed to hear 42 cases during its 2022-2023 term

Arguments

The Supreme Court will not hear arguments in cases this week. The court’s January argument sitting begins on Jan. 9, 2023, and is scheduled to conclude on Jan. 18. Click here to read more about the seven cases scheduled for argument in January.

Eight cases have yet to be scheduled for arguments.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Dec. 1 report covers nominations, confirmations, and vacancies from Nov. 2 through Dec. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There was one new judicial vacancy. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.  
  • Nominations: There were no new nominations. 
  • Confirmations: There were three new confirmations.

Vacancy count for Dec. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

One judge left active status, creating an Article III life-term judicial vacancy. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Dec. 1.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Dec. 1, 2022.

New nominations

President Joe Biden (D) did not announce any new nominations since the previous report. Since taking office in January 2021, Biden has nominated 142 individuals to Article III positions. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed three new nominees since our previous edition:

As of Dec. 1, 2022, the Senate had confirmed 87 of President Biden’s judicial nominees—61 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 85 judges through Dec. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Dec. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Jan. 9, 2023(!) with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.



Robe & Gavel: SCOTUS concludes December sitting

Welcome to the Dec. 5 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last week of our December sitting, dear readers, and we have a lot to cover. Let’s dig in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted one new case to its merits docket.

Click the links below to learn more about the case:

Biden v. Nebraska concerns the Biden Administration’s student loan debt relief program. The case originated from the U.S. District Court for the Western District of Texas.

To date, the court has agreed to hear 42 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting continues on Dec. 5. SCOTUS will hear arguments in five cases this week. Click the links below to learn more about these cases:

Dec. 5, 2022

303 Creative LLC v. Elenis concerns First Amendment challenges and anti-discrimination laws related to the LGBTQIA+ community.

  • The question presented: “Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech or free exercise clauses of the First Amendment.”

MOAC Mall Holdings LLC v. Transform Holdco LLC concerns Section 363(m) of the U.S. Bankruptcy Code and whether it limits appellate courts’ jurisdiction over certain cases that involve a sale order.

  • The question presented: “Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed ‘integral’ to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale.”

Dec. 6, 2022

United States, ex rel. Polansky v. Executive Health Resources, Inc. concerns the legal authority and standards required for dismissing claims under the False Claims Act.

  • The question presented: “Whether the government has authority to dismiss an FCA suit after initially declining to proceed with the action, and what standard applies if the government has that authority.”

Bartenwerfer v. Buckley concerns a bankruptcy debtor’s liability for another individual’s fraud, even if the debtor was unaware of the fraud.

Dec. 7, 2022

Moore v. Harper concerns the interpretation of the elections clause in Article I, section 4 of the Constitution, referred to as the independent state legislature doctrine, and whether the Constitution gives state legislatures sole authority to regulate federal elections without oversight from state courts.

  • The question presented: “Whether a State’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof,” U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4%) and affirmed a lower court decision 315 times (27.9%).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Dec. 9, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
  • Dec. 12, 2022: SCOTUS will issue orders.

Federal court action

Nominations

There have been no new nominations since our Nov. 28 edition.

The president has announced 141 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported 11 new nominees out of committee since our Nov. 28 edition.

The following nominees were reported to the full U.S. Senate for a confirmation vote on Dec. 1, 2022: 

Confirmations

The U.S. Senate has confirmed two new nominees since our previous edition:

As of Nov. 30, the Senate had confirmed 87 of President Biden’s judicial nominees—61 district court judges, 25 appeals court judges, and one Supreme Court justice.

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 43 pending nominations.

There are also 29 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Looking ahead

We’ll be back on Dec. 12 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.



Robe & Gavel: SCOTUS begins December argument sitting

Welcome to the November 28 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Thanksgiving remains in the air and we’d like to thank you, our readers, for your continued support. We’re grateful for the opportunity to share these updates with all of you. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted two new cases to its merits docket.

Click the links below to learn more about each case:

Dubin v. United States originated from the U.S. District Court for the Southern District of Florida. The question presented is whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.

  •  A predicate offense is a crime that may be considered a component of a larger crime.

Jack Daniel’s Properties, Inc. v. VIP Products LLC concerns intellectual property claims, specifically humorous use of another entity’s trademark as a commercial product. The case originated from the U.S. Court of Appeals for the 9th Circuit.

To date, the court has agreed to hear 41 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting begins on Nov. 28. SCOTUS will hear arguments in four cases this week. Click the links below to learn more about these cases:

Nov. 28, 2022

Percoco v. United States concerns the standard of evidence required to convict individuals of federal fraud and bribery.

  • The question presented: “Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision making, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?”

Ciminelli v. United States also concerns the standard of evidence required to convict individuals of federal fraud and bribery.

  • The question presented: “Whether the Second Circuit’s right to control theory of fraud-which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud-states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.”

Nov. 29, 2022

United States v. Texas (2022) The case concerns a state’s ability to challenge the U.S. Department of Homeland Security’s (DHS) guidance on immigration enforcement and whether that guidance violates federal immigration law and the Administrative Procedure Act (APA).

  • The questions presented: 
    1. “Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law;
    2. “Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and
    3. “Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).”

Nov. 30, 2022

In Wilkins v. United States, Larry Steven Wilkins and Jane Stanton own property in Ravalli County, Montana, that is subject to an easement which the U.S. Forest Service manages. In 2017, Wilkins, Stanton, and their neighbors requested that the Forest Service address problems related to alleged sporadic maintenance and increased use of the easement. In response, the Forest Service indicated that all management decisions were at its sole discretion and not beholden to the landowners. The petitioners filed a lawsuit in U.S. District Court under the Quiet Title Act. The government moved to dismiss for lack of subject matter jurisdiction, arguing the Quiet Title Act’s statute of limitations had passed. The District Court and the 9th Circuit both ruled that the petitioners did not have a case because the act’s statute of limitations was jurisdictional.

  • The question presented: “Is the Quiet Title Act’s Statute of Limitations a jurisdictional requirement or a claim-processing rule?”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Dec. 2, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
  • Dec 5, 2022: SCOTUS will hear arguments in two cases.
  • Dec. 6, 2022: SCOTUS will hear arguments in two cases.
  • Dec. 7, 2022: SCOTUS will hear arguments in one case.

Federal Court Action

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

There are also 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Nominations

President Biden sent one new nomination to the U.S. Senate:


The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

New confirmations

Since our previous edition, the U.S. Senate has confirmed one new nominee:

As of Nov. 28, the Senate had confirmed 85 of President Biden’s judicial nominees—59 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Dec. 5 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.



Robe & Gavel November 7, 2022: Federal Judicial Vacancy Count released for Nov. 1

Welcome to the Nov. 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! What an action-packed week we have on our hands: it’s election week, the second week of SCOTUS’ November sitting, and we have a fresh set of monthly data on the federal judiciary to unpack. Let’s mop our brows and gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

If you haven’t yet seen, we’re keeping our readers up to date with special coverage and reporting of the 2022 midterm elections this week. Keep an eye on your inbox for exclusive analysis and results reporting up and down the ballot. You can also visit Ballotpedia for election results and ongoing analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted three new cases to its merits docket.

On Nov. 4, the court granted review in the following cases: 

  • Amgen Inc. v. Sanofi originates from the U.S. Court of Appeals for the Federal Circuit and concerns federal patent applications.
  • Abitron Austria GmbH v. Hetronic International, Inc. originates from the U.S. Court of Appeals for the 10th Circuit. The case involves the Lanham Act and trademark infringement claims.
  • Arizona v. Navajo Nation (Consolidated with Department of the Interior v. Navajo Nation)
  •  originate from the U.S. Court of Appeals for the 9th Circuit and concern a water rights dispute over the Colorado River.

To date, the court has agreed to hear 39 cases during its 2022-2023 term

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Nov. 7

Nov. 8

Nov. 9

The court’s December argument sitting begins on Nov. 28. The court will hear arguments in nine cases.

Nine cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Nov. 1 report covers nominations, confirmations, and vacancies from Oct. 2 through Nov. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There were two new judicial vacancies. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.  
  • Nominations: There was one new nomination. 
  • Confirmations: There were no new confirmations.

Vacancy count for Nov. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Two judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Nov. 1.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Nov. 1, 2022.

New nominations

President Biden announced one new nomination:


The president has announced 142 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed no new nominees since our previous edition.

As of Nov. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 28 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.



Robe & Gavel October 31, 2022: SCOTUS begins November argument sitting

Welcome to the Oct. 31 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last Monday in October, dear readers, and the veil between worlds is at its thinnest. Let us glimpse into a world mysterious yet uncannily familiar to us—one of gavels, benches, robes, and allegations—that of the federal judiciary and Supreme Court! Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS has not accepted any new cases to its merits docket since our Oct. 11 edition.

To date, the court has agreed to hear 36 cases during its 2022-2023 term. Eighteen cases have been scheduled for argument.

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases: 

Oct. 31

SCOTUS consolidated these cases when it granted review on Jan. 24, 2022. On July 22, 2022, the cases were vided, or separated, for arguments.

Nov. 1

  • Jones v. Hendrix originates from the U.S. Court of Appeals for the Eighth Circuit. At issue is how federal inmates may challenge the legality of their convictions. The court is asked to consider how to bring legal challenges under federal custody law 28 U.S.C. § 2255 and under habeas corpus. Writs of habeas corpus protect against illegal imprisonment. 
  • Cruz v. Arizona originates from the Arizona Supreme Court. John Montenegro Cruz was convicted of capital murder and was sentenced to death in 2005. In Simmons v. South Carolina (1994), SCOTUS held that “in cases where a capital defendant’s future dangerousness is at issue, due process entitles the defendant to inform the jury that he will be ineligible for parole if not sentenced to death.” Cruz alleges that he was not able to inform the trial jury of his future ineligibility and that the state courts’ rejections of his appeals on this matter violated U.S. Supreme Court precedent. SCOTUS’ ruling in Lynch v. Arizona (2016) established that the Simmons rule applies in Arizona. 

Nov. 2

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Oct. 31: SCOTUS will hear arguments in two cases.
  • Nov. 1: SCOTUS will hear arguments in two cases.
  • Nov. 2: SCOTUS will hear arguments in one case.
  • Nov. 4: SCOTUS will conference. A conference is a private meeting of the justices. 

Federal court action

Nominations

On Oct. 14, 2022. President Biden announced his intent to nominate Scott Colom to the U.S. District Court for the Northern District of Mississippi.

The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

Confirmations

The Senate has confirmed no new nominees since our Oct. 11 issue. 

As of this writing, 84 of President Biden’s Article III nominees have been confirmed since he assumed office.

Vacancies

The federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

According to the Administrative Office of U.S. Courts, there are 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

For more information on judicial vacancies during the Biden administration, click here.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on our list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 7 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Myj Saintyl, Sam Post, and Caitlin Styrsky.



Robe & Gavel, October 11, 2022: Federal Judicial Vacancy Count released for Oct. 1

Welcome to the Oct. 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! It is October and we are in the midst of apple-picking, pie-making, scaring each other and ourselves, and the first argument sitting of the new SCOTUS term. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted no new cases to its merits docket.

To date, the court has agreed to hear 36 cases during its 2022-2023 term

Arguments

The Supreme Court will hear arguments in four cases this week. Click here to read more about SCOTUS’ current term.

Oct. 11

  • National Pork Producers Council v. Ross concerns whether California Proposition 12’s requirements for pork producers to sell pork in the state are constitutional. For more information on the case’s background, click here
  • Reed v. Goertz concerns a split between the U.S. circuit courts on when the statute of limitations begins to run for a criminal defendant to file a federal claim for DNA testing of crime-scene evidence. Click here to learn more about the case’s background. 

Oct. 12

The court’s November argument sitting begins on Oct. 31. The court will hear arguments in 10 cases.

Eighteen cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Oct. 1 report covers nominations, confirmations, and vacancies from Sept. 2 through Oct. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There were six new judicial vacancies. There were 83 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 85 of 890 active federal judicial positions were vacant.  
  • Nominations: There were nine new nominations. 
  • Confirmations: There were eight new confirmations.

Vacancy count for Oct. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Six judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Oct. 1.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of Oct. 1, 2022.

New nominations

President Biden announced nine new nominations:


The president has announced 141 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed eight nominees:

As of Oct. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 75 judges through Oct. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Oct. 1 of his second year with 100. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Oct. 31 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.